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| Bare
acts |
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| The
Prasar Bharati (Broadcasting
Corporation of India) Act, 1990 |
|
An
act to provide for the establishment of a Broadcasting
Corporation for India, to be known as Prasar Bharti.
To define its composition, functions and powers
and to provide for matters connected therewith
of incidental thereto.
|
Chapter
I
Preliminary |
Short
title, extent and commencement
1. (1) This act may be called the Prasar
Bharti (Broadcasting Corporation of India) Act,
1990
(2) It extends to the whole of India.
(3) It shall come into force on such dates as the
central government may, by notification, appoint.
Definitions
2. In this act, unless the context otherwise
requires, |
(a)
'Akashvani' means the offices, stations and
other establishments by whatever name called,
which, immediately before the appointed day,
formed part of or were under the director general,
All India Radio of the union ministry of information
and broadcasting.
(b) 'Appointed day' means the date appointed
under section 3;
(c) 'Broadcasting' means the dissemination of
any form of communication like signs, signals,
writing, pictures, images and sounds of all
kinds by transmission of electromagnetic waves
through space of through cables intended to
be received by the general public either directly
or indirectly through the medium of relay stations
and all its grammatical variations and cognate
expressions shall be constructed accordingly.
(d) 'Board' means the Prasar Bharti Board;
(e) 'Broadcasting council' means the council
established under section 14;
(f) 'Chairman' means the chairman of the corporation
appointed under section 4;
(g) 'Corporation' means the Prasar Bharti (Broadcasting
Corporation of India) established under section
3;
(h) 'Doordarshan' means the offices, kendras,
and other establishments, by whatever name called,
which, immediately before the appointed day,
formed part of or were under the directorate
general, Doordarshan of the union ministry of
information and broadcasting;
(i) 'Elected member' means a member elected
under section 3;
(j) 'Executive member' means the executive member
appointed under section 4;
(k) 'Kendra' means telecasting centre with studios
or transmitters or both and includes a relay
station;
(l) 'Member' means a member of board;
(m) 'Member (finance)' means the member (finance)
appointed under section 4;
(n) 'Member (personnel)' means the member (personnel)
appointed under section 4;
(o) 'Nominated member' means the member nominated
by the union ministry and broadcasting under
section 3;
(p) 'Non-lapsable fund' means the fund created
from the commercial revenues of Akashvani and
Doordarshan to meet expenditure on certain schemes;
(q) 'Notification' means a notification published
in the official gazette.
(r) 'Part-time member' means part-time members
of the board appointed under section 4, but
does not include ex-officio member, the nominated
member or an elected member;
(s) 'Prescribed' means prescribed by rules made
under this act;
(t) 'Recruitment board' means a board established
under sub-section (1) of section 10;
(u) 'Regulations' means regulations made by
the corporation under this act;
(v) 'Station' means any broadcasting station
with studios or transmitters or both and includes
a relay station;
(w) 'Whole-time
member' means the executive member, member (finance)
or member (personnel);
(x) 'Year' means the financial year.
|
Chapter
II
Prasar Bharti (Broadcasting Corporation of India)
|
| Establishment
and composition of the corporation |
| 3.
|
(1)
With effect from such date as the central government
may by notification appoint in this behalf, there
shall be established for the purpose of this act
a corporation, to be known as the Prasar Bharti
(Broadcasting Corporation of India).
(2) The corporation shall be a body corporate
by the name aforesaid, having perpetual succession
and a common seal with power to acquire, hold
and dispose of property, both movable and immovable,
and to contract, and shall by the said names sue
and be sued.
(3) The headquarters of the corporation shall
be at New Delhi and the corporation may establish
offices, kendras or stations at other places in
India and, with the previous approval of the central
government, outside India.
(4) The general superintendence, direction and
management of the affairs of the vorporation shall
vest in the Prasar Bharti Board which may exercised
or done by the corporation under this act.
(5) The board shall consist of -
(a)
a chairman;
(b) one executive member;
(c)
one member (finance);
(d) one member (personnel);
(e) six part-time members;
(f) director-general (Akashvani), ex-officio;
(g) director-general (Doordarshan), ex-officio;
(h) one representative of the union ministry
of information and broadcasting, to be nominated
by that ministry; and
(i) two representatives of the employees of
the corporation, of whom one shall be elected
by the engineering staff from amongst themselves
and one shall be elected by other employees
from amongst themselves.
(6)
The corporation may appoint such committees as
may be necessary for the efficient performance,
exercise and discharge of its functions, powers
and duties; provided that all or a majority of
the members of each committee shall be members
and a member of any committee who is not a member
shall have only the right to attend meetings of
the committee and take part in the proceedings
thereof, but shall not have the right to vote.
(7) The corporation may associate with itself,
in such manner and for such purposes as may be
provided by regulations, any person whose assistance
or advice it may need in complying with any of
the provisions of this act and a person so associated
shall have the right to take part in the discussions
of the board relevant to the purposes for which
he has been associated, but shall not have right
to vote.
(8) No act or proceeding of the board or of any
committee appointed by it under sub-section (6)
shall be invalidated merely by reason of -
(a) any vacancy in, or any defect in the constitution
of the board of such committee; or
(b) any defect in the appointment of a person
acting a member or a member of such committee;
or
(c) any irregularity in the procedure of the board
or such committee not affecting the merits of
the case.
|
| Appointment
of the chairman and other members |
| 4. |
(1)
The chairman and the other members, except the ex-officio
members, the nominated members and elected members
shall be appointed by the President of India on
the recommendation of a committee consisting of
--
(a)
the chairman of the council of states, who shall
be the chairman of the committee;
(b) the chairman of the Press Council of India
established under section 4 of the Press Council
Act 1978; and
(c) one nominee of the President of India.
(2)
No appointment of a member shall be invalidated
merely by reason of any vacancy in, or any defect
in the constitution of the committee appointed
under subsection (1).
(3) The chairman and the part-time members shall
be persons of eminence in public life; the executive
member shall be a person having special knowledge
or practical experience in respect of such matters
as administration, management, broadcasting, education,
literature, culture, arts, music, dramatics or
journalism; the member (finance) shall be a person
having special knowledge or practical experience
in respect of financial matters and the member
(personnel) shall be a person having special knowledge
or practical experience in respect of personnel
management and administration.
(4)
The recommendations made by the committee constituted
under sub-section (1) shall be binding for the
purposes of appointments under this section.
|
| |
| Powers
and functions of the executive member |
| 5.
The
executive member shall be the chief executive of
the corporation and shall, subject to the control
and supervision of the board, exercise such powers
and discharge such functions of the board as it
may delegate to him. |
| Terms
of office, conditions of service, etc., of the chairman
and other members |
| 6. |
(1)
The chairman shall be part-time member and shall
hold office for a term of six years from the date
of which he enters upon his office.
(2) The executive member, the member (finance)
and the member (personnel) shall be whole-time
members and every such member shall hold office
for a term of six years from the date on which
he enters upon his office or until he attains
the age of 62 years, whichever is earlier.
(3) The term of office of a part-time member shall
be six years, but one-third of such members shall
retire on the expiration of every second year.
(4) The term of office of an elected member shall
be two years or till he ceases to be an employee
of the corporation, whichever is earlier.
(5) As soon as may be after the establishment
of the corporation, the President of India may,
by order, make such provisions as he thinks fit
for curtailing the term of office of some of the
part-time members then appointed in order that
one-third of the members holding office as such
part-time members shall retire in every second
year thereafter.
(6) Where before the expiry of the term of office
of a person holding the office of chairman, or
any other member, a vacancy arises, for any reason
whatsoever, such vacancy shall be deemed to be
casual vacancy and the person appointed or elected
to fill such vacancy shall hold the office for
the unexpired period of the term for which his
predecessor in office would have held office if
such vacancy had not arisen.
(7) The whole-time members shall be the employees
of the corporation and as such shall be entitled
to such salaries and allowances and shall be subject
to such conditions of service in respect of leave,
pension (if any), provident fund and other matters
as may be prescribed; provided that the salaries
and allowances and the condition of service shall
not be varied to their disadvantage after their
appointment.
(8) The chairman and part-time members shall be
entitled to such allowances as may be prescribed.
|
|
Removal and suspension of the chairman and members |
| 7. |
(1)
Subject to the provisions of sub-section (3), the
chairman or any other member, except and ex-officio
member, the nominated member and an elected member
shall only be removed from his office by order of
the President of India on the ground of misbehaviour
after the Supreme Court, on a reference being made
to it by the President, has, on inquiry held in
accordance with such procedure as the Supreme Court
may by rules provide, reported that the chairman
or such other member, as the case may be, ought,
on such ground, be removed.
(2) The President may suspend from office the chairman
or other member, except an ex-officio member, the
nominated member or an elected member, in respect
of whom a reference has been made to the Supreme
Court under sub-section (1) until the President
has passed orders on receipt of the Supreme Court
on such reference.
(3) Notwithstanding anything contained in sub-section
(1), the President may, by order, remove the chairman
or any whole-time member from his office if such
chairman or such whole-time member - |
| |
(a)
ceases to be a citizen of India; or
(b) is adjudged an insolvent; or
(c) engages during his term off office in any paid
employment outside the duties of his office; or
(d) is convicted of any offence involving moral
turpitude; or
(e) is, in the opinion of the President, unfit to
continue in office by reason of infirmity of body
or mind; provided that the President may, by order,
remove any part-time member from his office if he
adjudged an insolvent or is convicted of any offence
involving moral turpitude or where he is, in the
opinion of the President, unfit to continue in office
by reason of infirmity of body or mind.
|
| |
(4)
If the chairman or any whole-time member, except
ex-officio member, the nominated member or any elected
member, is, or becomes in any way concerned or interested
in any contract or agreement made by or on behalf
of the corporation of the government of India or
the government of a state, participates in any way
in the profit thereof, or in any benefit or emolument
arising therefrom than as a member, and in common
with other members of an incorporated company, he
shall, for the purposes of sub-section (1), be deemed
to be guilty of misbehaviour.
(5) If a part-time member is, or becomes in any
way concerned, or interested in any contract, or
agreement made by or on behalf of the corporation,
he shall, for the purposes of sub-section (1), be
deemed to be guilty of misbehaviour.
(6) The chairman or any other member may resign
his office by giving notice thereof in writing to
the President of India and on such resignation being
accepted, the chairman or other member shall be
deemed to have vacated his office.
|
| Meetings
of the board |
| 8. |
(1)
The board shall meet at such times and places
and shall observe such rules of procedure in regard
to the transaction of business at its meetings
(including the quorum at meetings) as may be provided
by regulation; provided that there shall not be
less than six meetings every year but three months
shall not intervene between one meeting and the
next meeting.
(2) A member shall be deemed to have vacated his
office if he absents himself for three consecutive
meetings of the board without a leave of the chairman.
(3) The chairman shall preside at the meetings
of the board and if for any reason he is unable
to attend any meeting, the executive member and
in the absence of both, any other member elected
by the members present at such meeting, shall
preside at the meeting.
(4) All questions which come up before any meeting
of the board shall be decided by a majority of
the votes of the members present and voting and,
in the event of an equality of votes, the chairman,
or in his absence, the person presiding, shall
have and exercise second, or casting vote.
|
| Officers
and other employees of the corporation |
| 9. |
(1)
Subject to such control, restrictions and conditions
as may be prescribed, the corporation may appoint,
after consultation with the recruitment board,
the director-general (Akashvani), the director-general
(Doordarshan) and such other officers and other
employees as may be necessary.
(2) The method of recruitment of such officers
and employees and all other matters connected
therewith and the conditions of service of such
officers and employees shall be such as be provided
by regulations.
|
| Establishment
of recruitment boards |
| 10. |
(1)
The
corporation shall, as soon as may be, after the
appointed day and in such manner and subject to
such conditions and restrictions as may be prescribed,
establish for the purpose of section 9, one or more
recruitment boards consisting wholly of persons
other than the members, officers and other employees
of the corporation; provided that for the purposes
of appointment to the posts carrying scales of pay
which are not less than that of a joint secretary
to the central government, the recruitment board
shall consist of the chairman, other members, the
ex-officio members, the nominated members and the
elected members. |
| |
(2)
The qualification and other conditions of service
of the members
constituting the recruitment board and the period
for which such members shall hold office, shall
be such as may be prescribed.
|
| Transfer
of service of existing employees to the corporation |
| 11. |
(1)
Where the central government has ceased to perform
any functions which under section 12 are the functions
of the corporation, it shall be lawful for the
central government to transfer, by order and with
effect from such date or dates as may be specified
in the order, to the corporation any of the officers
or other employees serving in the Akashvani or
Doordarshan engaged in the performance of those
functions; provided that no order under this sub-section
shall be made in relation to any officer or other
employee in the Akashvani or Doordarshan who has,
in respect of the proposal of the central government
to transfer such officer or other employee to
the corporation, intimated within such time as
may be specified in this behalf by the central
government, his intention of not becoming an employee
of the corporation.
(2) The provisions of sub-section (1) shall also
apply to the members of the Indian Information
Service, the Central Secretariat Service or any
other service or to persons borne on cadres outside
Akashvani and Doordarshan who have been working
in Akashvani or Doordarshan immediately before
the appointed day; provided that where any such
member intimated, within the time specified in
sub-section (1), his intention of not becoming
an employee of the corporation but to continue
on deputation, he may be allowed to continue on
deputation in accordance with such terms and conditions
as may be prescribed.
(3) In making an order under sub-section (1),
the central government shall, as far as may be,
take into consideration the functions which the
Akashvani or, as the case may be, Doordarshan
has ceased or ceases to perform and the area in
which such functions have been or are performed.
(4) An officer or other employee transferred by
an order under sub-section (1) shall, on and from
the date of transfer, cease to be an employee
of the central government and become an employee
of the corporation with such designation as the
corporation may determine and shall, subject to
provisions of sub-sections (5) and (6), be governed
by such regulations as may be made as respects
remuneration and other conditions of service including
pension, leave and provident fund and shall continue
to be an officer or other employee of the corporation
unless and until his employment is terminated
by the corporation.
(5) Every officer or other employee transferred
by an order made under
sub-section (1) shall, within six months from
the date of transfer, exercise his option, in
writing, to be governed -
(a)
By the scale of pay applicable to the post held
by him in the Akashvani or Doordarshan immediately
before the date of transfer or by the scale
applicable to the post under the corporation
to which he is transferred;
(b) By the leave, provident fund, retirement
or other terminal benefits admissible to employees
of the central government in accordance with
the rules or orders of the central government,
as amended from time to time, or leave, provident
fund or other terminal benefits admissible to
the employees of the corporation under the regulation,
and such option once exercised under this act
shall be final; provided that the option exercised
under clause (a) by an officer or other employee
shall be applicable only in respect of the post
under the corporation to which such officer
or other employee is transferred and on appointment
to a higher post under the corporation he shall
be eligible only for the scale of pay
applicable to such higher post; provided further
that if immediately before the date of his transfer
any such officer or other employee is officiating
in a higher post under the government either
in a leave vacancy or any other vacancy of a
specified duration, his pay on transfer shall
be protected for the unexpired period of such
vacancy and thereafter he shall be entitled
to the scale of pay applicable to the post under
the government to which he would have reverted
or to the scale of pay applicable to the post
under the corporation to which he is transferred,
whichever he may opt for; provided also that
when an officer or other employee serving in
the union ministry of information and broadcasting
or in any of its attached subordinate officers
is promoted to officiate in a higher post in
the ministry or office subsequent to the transfer
to the corporation of any other officer of employee
senior to him in that ministry or office before
such transfer, the officer or other employee
who is promoted to officiate in such higher
post shall, on transfer to the corporation,
be entitled only to the scale of pay applicable
to the post he would have held but for such
promotion or the scale of pay applicable to
the post under the corporation to which he is
transferred, whichever he may opt.
(6)
No officer or other employee transferred by an
order made under sub-section (1) or sub-section
(2) -
(a)
Shall be dismissed or removed by an authority
subordinate to that competent to make a similar
or equivalent appointment under the corporation
as may be specified in the regulations;
(b) Shall be dismissed or removed or reduced
in rank except after an inquiry in which he
has been informed of the charged against him
and given a reasonable opportunity of being
heard in respect of those charges; provided
that where it is proposed after such inquiry
to impose upon him any such penalty, such penalty
may be imposed on the basis of evidence adduced
during such inquiry and it shall not be necessary
to give such person an opportunity of making
representation on the proposed penalty. Provided
further that clause (b) shall not apply where
an officer or other employee is dismissed or
removed or reduced in rank on the ground of
conduct which has led to his conviction on a
criminal charge.
|
| Functions
and powers of the corporation |
| 12. |
(1)
Subject to the provisions of this act, it shall
be the primary duty of the corporation to organise
and conduct public broadcasting service to inform,
educate and entertain the public and to ensure a
balanced development of broadcasting on radio and
television.
Explanation -- For the removal of doubts, it is
hereby declared that the
provisions of this section shall be in addition
to, and not in derogation of, the provisions of
the Indian Telegraph Act 1885.
(2) The corporation shall, in the discharge of its
functions, be guided by the following objectives,
namely - |
| |
|
(a)
upholding the unity and integrity of the country
and the values enshrined in the constitution;
(b) safeguarding the citizen's right to be informed
freely, truthfully and objectively on all matters
of public interest, national or international, and
presenting a fair and balanced flow of information
including contrasting views without advocating any
opinion or ideology of its own;
(c) paying special attention to the fields of education
and spread of literacy, agriculture, rural development,
environment, health and family welfare and science
and technology;
(d) providing adequate coverage to the diverse cultures
and languages of the various regions of the country
by broadcasting appropriate programmes;
(e) providing adequate coverage of sports and games
so as to encourage healthy competition and the spirit
of sportsmanship;
(f) providing appropriate programmes keeping in
view the special needs of the youth;
(g) informing and stimulating the national consciousness
in regard to the status and problems of women and
paying special attention to the upliftment of women;
(h) promoting social justice and combating exploitation,
inequality and such evils as untouchablility and
advancing the welfare of the weaker sections of
the society;
(i) safeguarding the rights of the working classes
and advancing their welfare;
(j) serving the rural and weaker sections of the
people and those residing in border regions, backward
or remote areas;
(k) providing suitable programmes keeping in view
the special needs of the minorities and tribal communities;
(l) taking special steps to protect the interests
of children, the blind, the aged, the handicapped
and other vulnerable sections of the people;
(m) promoting national integration by broadcasting
in a manner that facilitates communication in the
languages in India; and facilitating the distribution
of regional broadcasting services in every state
in the languages of that state;
(n) providing comprehensive broadcast coverage through
the choice of appropriate technology and the best
utilisation of the broadcast frequencies available
and ensuring high quality reception;
(o) promoting research and development activities
in order to ensure that radio and television broadcast
technology are constantly updated; and
(p) expanding broadcasting facilities by establishing
additional channels of transmission at various levels. |
| |
(3)
In particular, and without prejudice to the generality
of the foregoing provisions, the corporation may
take such steps as it thinks fit - |
| |
|
(a)
to ensure that broadcasting is conducted as a public
service to provide and produce programmes;
(b) to establish a system for the gathering of news
for radio and television;
(c) to negotiate for purchase of, or otherwise acquire,
programmes and rights or privileges in respect of
sports and other events, films, serials, occasions,
meetings, functions or incidents of public interest,
for broadcasting and to establish procedures for
the allocation of such programmes, rights or privileges
to the service;
(d) to establish and maintain a library of libraries
of radio, television and other materials;
(e) to conduct or commission, from time to time,
programmes, audience research, market or technical
service, which may be released to such persons and
in such manner and subject to such terms and conditions
as the corporation may think fit;
(f) to provide such other services as may be specified
by regulations. |
| |
(4)
Nothing in sub-section (2) and (3) shall prevent
the corporation from managing on behalf of the
central government and in accordance with such
terms and conditions as may be specified by the
government the broadcasts made by organiaations
outside India on the basis of arrangements for
reimbursement of expenses by the central government.
(5)
For the purpose of ensuring that adequate time
is made available for the promotion of the objectives
set out in this section, the central government
shall have the power to determine the maximum
limit of broadcast time in respect of the advertisement.
(6) The corporation shall be subject to no civil
liability on the ground merely that it failed
to comply with any of the provisions of this section.
(7) The corporation shall have the power to determine
and levy fees and other service charges for or
in respect of the advertisements and such programmes
as may be specified by regulations; provided that
the fees and other service charges levied and
collected under this sub-section shall not exceed
such limits as may be determined by the central
government, from time to time.
|
| Parliamentary
committee |
| 13. |
(1)
There shall be constituted a committee consisting
of 22 members of parliament, of whom 15 from the
House of the People to be elected by the members
thereof and seven from the Council of Stares to
be elected by the members thereof in accordance
with the system of proportional representation by
means of the single transferable vote, to oversee
that the corporation discharges its functions in
accordance with the provisions of this act and,
in particular, the objectives set out in section
12 and submit a report thereon to parliament.
(2) The committee shall function in accordance with
such rules as may be made by the speaker of the
House of the People.
|
| Establishment
of broadcasting council, term of office and removal
etc., of members thereof |
| 14. |
(1)
There shall be established, by notification, as
soon as may be after the appointed day, a council,
to be known as the broadcasting council, to receive
and consider complaints referred to in section 15
and to advise the corporation in the discharge of
its functions in accordance with the objectives
set out in section 12.
(2) The broadcasting council shall consist of -
(i) a president and 10 other members to be appointed
by the President of India from amongst persons of
eminence in public life;
(ii) four members of parliament, of whom two from
the House of the People to be nominated by the speaker
thereof and two from the Council of States to be
nominated by the chairman thereof.
(3) The president of the broadcasting council shall
be a whole-time member and every other member shall
be a part-time member shall hold office as such
for a term of three years from the date on which
he enters upon his office.
(4) The broadcasting council may constitute such
number of regional councils as it may deem necessary
to aid and assist the council in the discharge of
its functions.
(5) The president of the broadcasting council shall
be entitled to such salary allowances and shall
be subject to such conditions of service in respect
of leave, pension (if any), provident fund and other
matters as may be prescribed.
Provided that the salary and allowances and the
conditions of service shall not be varied to the
disadvantage of the president of the broadcasting
council after his appointment.
(6) The other members of the broadcasting council
and the members of the regional councils constituted
under sub-section (4) shall be entitled to such
allowances as may be prescribed.
|
| Jurisdiction
of, and the procedure to be followed by, the broadcasting
council |
| 15. |
(1)
The broadcasting council shall receive and consider
complaints from: |
| |
|
(i)
any person or group of persons alleging that a certain
programme or broadcast or the functioning of the
corporation in specific cases or in general is not
in accordance with the objective for which the corporation
is established;
(ii) any person (other than an officer or employee
of the corporation) claiming himself to have been
treated unjustly or unfairly in any manner (including
unwanted invasion of privacy, misrepresentation,
distortion of lack of objectivity) in connection
with any programme broadcast by the corporation.
|
| |
(2)
A complaint under sub-section (1) shall be made
in such manner and within such period as may be
specified by regulations. |
| |
(3)
The broadcasting council shall follow such procedure
as it thinks fit for the disposal of complaints
received by it. |
| |
(4)
If the complaint is found to be justified either
wholly or in part, the broadcasting council shall
advise the executive member to take appropriate
action. |
| |
(5)
If the executive member is unable to accept the
recommendation of the broadcasting council, he shall
place such recommendation before the board for its
decision thereon. |
| |
(6)
If
the board is also unable to accept the recommendation
of the broadcasting council, it shall record its
reasons therefore and inform the broadcasting council
accordingly.
|
| |
(7)
Notwithstanding anything contained in sub-section
(5) and (6), where the broadcasting council deems
it appropriate, it may, for reasons to be recorded
in writing, require the corporation to broadcast
its recommendations with respect to a complaint
in such manner as the council may deem fit.
|
Chapter
III
Assets, finances and accounts |
Transfer
of certain assets, liabilities, etc., of central
government to
corporation |
| 16.
As from the appointed day - |
| |
(a)
all property and assets (including non-lapsable
fund) which immediately before that day vested in
the central government for the purpose of Akashvani
or Doordarshan or both shall stand transferred to
the corporation on such terms and conditions as
may be determined by the central government and
the book value of all such property and assets shall
be treated as the capital provided by the central
government to the corporation.
(b) All debts, obligations and liabilities incurred,
all contracts entered into and all matters and things
engaged to be done by, with or for the central government
immediately before such day for or in connection
with the purposes of Akashvani or Doordarshan or
both shall be deemed to have been incurred, entered
into engaged to be done by, with or for the corporation.
(c) all sums of money due to the central government
in relation to the Akashvani or Doordarshan or both
before such day shall be deemed to be due to the
corporation.
(d) all suits and other legal proceedings instituted
or which could have been instituted by or against
the central government immediately before such day
for any matter in relation to the Akashvani or Doordarshan
or both may be continued or instituted by or against
the corporation.
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| Grants,
etc, by the central government |
| 17. |
For
the purposes of enabling the corporation to discharge
its functions efficiently under this act, the central
government may, after due appropriation made by
the parliament by law in this behalf, pay to the
corporation in each financial year, -
(i) the proceeds of the broadcast receiver licence
fees, if any, as reduced by the collection charges;
and
(ii) such other sums of money as that government
considers necessary, by way of equity, grant-in-aid
or loan. |
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| Fund
of the corporation |
| 18. |
(1)
The corporation shall have its own fund and all
the receipts of the
corporation (including the amounts which stand transferred
to the corporation under section 16) shall be credited
to the fund and all payments by the corporation
shall be made therefrom.
(2) All moneys belonging to the fund shall be deposited
in one or more nationalised banks in such manner
as the corporation may decide.
(3) The corporation may spend such sums as it thinks
fit for performing its functions under this act
and such shall be treated as expenditure payable
out of the fund of the corporation.
Explanation - For the purposes of this section 'nationalised
bank' means a corresponding new bank specified in
the First Schedule to the Banking Companies (Acquisition
and Transfer of Undertaking) Act, 1970 or a corresponding
new bank specified in the First Schedule to the
Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1980.
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| Investment
of moneys |
| 19. |
The
corporation may invest its money in the securities
of the central government or any state government
or in such other manner as may prescribed.
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| Annual
financial statement of the corporation |
| 20. |
(1)
The corporation shall prepare, in each financial
year, an annual
financial statement for the next financial year
showing separately |
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|
(a)
the expenditure which is proposed to be met from
the internal resources of the corporation; and |
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|
(b)
the sums required from the central government to
meet other expenses, and distinguishing - |
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|
|
i.
revenue expenditure from other expenditure; and
ii. non-plan expenditure from plan expenditure. |
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(2)
The annual financial statement shall be prepared
in such form and forwarded at such time to the central
government for its approval as may be agreed to
by that government and the corporation.
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| Accounts
and audit of the corporation |
| 21. |
(1)
The corporation shall maintain proper accounts and
other relevant records and prepare an annual statement
of accounts in such form and in such manner as may
be prescribed. |
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(2)
The accounts of the corporation shall be audited
by the controller and auditor-general of India at
such intervals as may be specified by him and any
expenditure incurred in connection with such audit
shall be payable by the corporation to the controller
and auditor-general. |
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(3)
The controller and auditor-general and any person
appointed by him in connection with the audit of
the accounts of the corporation shall have the same
rights and privileges and authority in connection
with such audit as the controller and auditor-general
has in connection with the audit of government accounts
and, in particular, shall have the right to demand
the production of books, accounts, connected vouchers
and other documents and papers and to inspect any
of the offices of the corporation. |
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(4)
The accounts of the corporation as certified by
the controller and auditor-general of India or any
other person appointed by him in this behalf together
with the audit report thereon shall be forwarded
annually to the central government and that government
shall cause the same to be laid before each house
of parliament.
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| Corporation
not liable to be taxed |
| 22. |
Not
withstanding anything contained in the Income-Tax
Act, 1961, or any other enactment for the time being
in force relating to income-tax or any other tax
on income, profits or gains, the corporation shall
not be liable to pay any income-tax or any other
tax in respect of - |
| |
|
(a)
any income, profits or gains, accruing or arising
out of the fund of the corporation or any amount
received in that fund; and
(b) any income, profits or gains derived or any
amount received, by the corporation.
|
Chapter
IV
Miscellaneous |
| Power
of central government to give directions |
| 23. |
(1)
The central government may, from time to time as
and when occasion arises, issue to the corporation
such directions as it may think necessary in the
interests of the sovereignty, unity and integrity
of India or the security of the state or preservation
of public order requiring it not to make a broadcast
on a matter specified in the direction or to make
a broadcast on any matter of public importance specified
in the direction. |
| |
(2)
Where the corporation makes a broadcast in pursuance
of the direction issued under sub-section (1), the
fact that such broadcast has been made in pursuance
of such direction may also be announced along with
such broadcast, if the corporation so desires. |
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(3)
A copy of every direction issued under sub-section
(1) shall be laid before each house of parliament.
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| Power
of central government to obtain information |
| 24. |
The
central government may require the corporation to
furnish such information as that government may
consider necessary.
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| Report
to parliament in certain matters and recommendations
as to action against the board |
| 25. |
(1)
Where the board persistently makes default in complying
with any directions issued under section 23 or fails
to supply the information required under section
24, the central government may prepare a report
thereof and lay it before each house of parliament
for any recommendation thereof as to any action
(including super session of the board) which may
be taken against the board. |
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(2)
On the recommendation of the parliament, the President
may by notification supersede the board for such
period not exceeding six months, as may be specified
in the notification: provided that before issuing
the notification under this sub-section, the President
shall give a reasonable opportunity to the board
to show cause as to why it should not be superseded
and shall consider the explanations and objections,
if any, of the board. |
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(3)
Upon the publication of the notification under sub-section
(2) - |
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|
(a)
all the members shall, as from the date of super
session, vacate their offices as such; |
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|
(b)
all the powers, functions and duties which may,
by or under the provision of this act be exercised
or discharged by or on behalf of the board, shall,
until the board is reconstituted under this act,
be exercised and discharged by such person or persons
as the President may direct. |
| |
(4)
On the expiration of the period of super session
specified in the
notification issued under sub-section (2), the President
may reconstitute the board by fresh appointments,
and in such a case any person who had vacated his
office under clause (a) of sub-section
(3) shall not be disqualified for appointment: provided
that the President may, at any time before the expiration
of the period of super session, take action under
this sub-section. |
| |
(5)
The central government shall cause the notification
issued under sub-section (2) and a full report of
the action taken under this section to be laid before
each house of parliament.
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| Office
of member not to disqualify a member of parliament |
| 26. |
It
is hereby declared that the office of the member
of the broadcasting council or of the committee
constituted under section 13 shall not disqualify
its holder for being chosen as or for being member
of either of parliament.
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| Chairman,
members, etc., to be public servants |
| 27. |
The
chairman and every other member, every officer or
other employee of the corporation and every member
of the committee thereof, the president and every
member of the broadcasting council or every member
of the regional council or a recruitment board shall
be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code.
|
| Protection
taken against good faith |
| 28. |
No
suit or other legal proceeding shall lie against
the corporation, the chairman or any other member
or officer or other employee thereof the president
or a member of the broadcasting council or a member
of a regional council or a recruitment board for
anything which is in good faith done or intended
to be done on pursuance of this act or of any ruled
or regulations made there under.
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| Authentication
of orders and other instruments of the corporation |
| 29. |
All
orders and decisions of the corporation shall be
authenticated by the signature of the chairman or
any other member authorised by the corporation in
this behalf and all other instruments executed by
the corporation shall be authenticated by the signature
of the executive member or by any officer of the
corporation authorised by him in this behalf.
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| Delegation
of powers |
| 30. |
The
corporation may, by general or special order, delegate
to the chairman or any other member or to any officer
of the corporation, subject to such conditions and
limitations, if any, as may be specified therein,
such of its powers and duties under this act as
it may deem fit.
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| Annual
report |
| 31. |
(1)
The corporation shall prepare once in every calendar
year, in such form and within such time as may be
prescribed, an annual report giving a full account
of its activities (including the recommendations
and suggestions made by the broadcasting council
and the action taken thereon) during the previous
year and copies thereof shall be forwarded to the
central government and that government shall cause
the same to be laid before each house of parliament.
(2) The broadcasting council shall prepare once
every calendar year, in such form and within such
time as be prescribed, an annual report giving a
full account of its activities during the previous
year and copied thereof shall be forwarded to the
central government and that government shall cause
the same to be laid before each house of parliament.
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| Power
to make rules |
| 32. |
(1)
The central government may, by notification, make
rules for carrying out the provisions of this act. |
| |
(2)
In particular, and without prejudice to generality
of the foregoing power, such rules may provide for
all or any of the following matters, namely - |
| |
|
(a)
the salaries and allowances and conditions of service
in respect of leave, pension (if any), provident
fund and other matters in relation to the whole-time
members under sub-section (7) of section 6;
(b) the allowances payable to the chairman and part-time
members under sub-section (8) of section 6;
(c) the control, restrictions and conditions subject
to which the corporation may appoint officers and
other employees under sub-section (1) of section
9;
(d) the manner in which and the conditions and restrictions
subject to which a recruitment board may be established
under sub-section (1) of section 10;
(e) the qualifications and other conditions of service
of the members of a recruitment board and their
period of office under sub-section (2) of section
10;
(f) the terms and conditions in accordance with
which the deputation may be regulated under sub-section
(2) of section 11;
(g) the salary and allowanced and conditions of
service in respect of leave, pension (if any), provident
fund and other matters in relation to the president
of the broadcasting council under sub-section (5)
of section 14;
(h) the allowances payable to other members of the
broadcasting council and the members of the regional
councils, under sub-section (6) of section 14;
(i) the manner in which the corporation may invest
its moneys under section 19;
(j) the form and the manner in which the annual
statement of accounts shall be prepared under sub-section
(1) of section 21;
(k) the form in which, and the time within which,
the corporation and the broadcasting council shall
prepare their annual report under section 31;
(l) any other matter which is required to be, or
may be, prescribed.
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